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The Handbook of Dispute Resolution Hardcover – August 16, 2005

ISBN-13: 978-0787975388 ISBN-10: 0787975389 Edition: 1st

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Product Details

  • Hardcover: 560 pages
  • Publisher: Jossey-Bass; 1 edition (August 16, 2005)
  • Language: English
  • ISBN-10: 0787975389
  • ISBN-13: 978-0787975388
  • Product Dimensions: 9.4 x 7.1 x 1.6 inches
  • Shipping Weight: 2.4 pounds (View shipping rates and policies)
  • Average Customer Review: 4.6 out of 5 stars  See all reviews (9 customer reviews)
  • Amazon Best Sellers Rank: #231,415 in Books (See Top 100 in Books)

Editorial Reviews

Review

"This is the best guide I know on dispute resolution. Everyone interested in the field should have a copy on hand."
-- Roger Fisher, coauthor, Getting to Yes: Negotiating Agreement Without Giving In; director, Harvard Negotiation Project; and Williston Professor of Law Emeritus, Harvard Law School

"This wide-ranging, stimulating, and eminently practical collection both reflects and advances the best thinking on alternative dispute resolution.  Essays by ADR pioneers and a new generation of scholars provide a comprehensive introduction for students and practitioners new to the field, yet also offer veteran teachers and mediators concise applications of groundbreaking research. In this fractious and divisive age, The Handbook of Dispute Resolution is an especially welcome and hopeful contribution to society overall."
-- Michael Wheeler, Class of 1952 Professor of Management Practice, Harvard Business School

"From the historic foundations of dispute resolution, to personality and the behavior of disputants, to the effects of globalization on the successful resolution of transborder disputes, this remarkable and thought-provoking compilation of scholarly work and practical observations is a must-read for students and practitioners of conflict resolution. This handbook adds immeasurably to our understanding of the ways in which people fight and the circumstances by which peaceful resolution can be achieved.  In today’s world, no set of insights is more valuable."
--Ambassador Charlene Barshefsky, senior international partner, Wilmer Cutler Pickering Hale & Dorr, LLP; former U.S. trade representative and presidential cabinet member

"The advice in this book captures in an accessible way much of the wisdom that I’ve acquired from years of negotiating in the entertainment industry. Here are the gems that really work to move others to want to say ‘yes.’"
-- Marshall M. Silverman, vice president and senior motion picture production counsel, Warner Brothers. Pictures, Inc.

"Mediators, lawyers, diplomats—indeed anyone concerned with dispute resolution—will discover in this handbook a helpful distillation of what scholars and experienced practitioners know about conflicts."
--Robert H. Mnookin, Williston Professor of Law, Harvard Law School; chair, executive committee, Program on Negotiation at Harvard Law School; director, Harvard Negotiation Research Project, Harvard Law School

"The Handbook of Dispute Resolution is a gold mine of insights and sound advice on all stages of dealing with conflict, from choosing the right process to implementing the settlement agreement. It is a wonderful stimulus to new thinking. Anyone concerned with conflict, whether as participant, third party, advisor or observer, needs to know this material."
-- Joseph Stanford, former Canadian Ambassador to Israel and High commissioner to Cyprus

"The Handbook of Dispute Resolution has something for everyone interested in conflict, its prevention, and most importantly, its resolution.  The clever arrangement into four distinct sections with treatments by prominent professors and experienced practitioners offers much to advocates, academicians, HR and Risk managers or neutrals. It is a first-look resource for either novices or advanced practitioners of ADR."
-- Robert A. Creo, founding   president and fellow, International Academy of Mediators

"A must read for mediators, negotiators and other dispute resolvers. Moffitt and Bordone bring together ADR's finest to advance our understanding of conflict and its resolution in this well-crafted collection."
-- Charles P. Doran, executive director, Mediation Works Incorporated

"Moffitt and Bordone have skillfully assembled a basket of gems--each chapter contains fresh insights, cogently presented, brilliantly polished, from the best, the brightest, and the most creative thinkers in the field of conflict management and dispute resolution. This is a must-read handbook for both scholars and practitioners."
-- David Hoffman, chair, the ABA Section of Dispute Resolution; founder, Boston Law Collaborative, LLC 

From the Inside Flap

This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The book's contributors draw from a wide range of academic disciplines and represent many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman.

The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.

The book looks closely at the structure of disputes and dispute contexts, offers advice for creating value in disputes, using agents, and explores settlement through tools such as decision analysis. The information on law, ethics, and organizational dynamics offers particular insights into the ways that disputes are shaped by factors beyond the parties themselves. The book also contains a comprehensive review of a wide range of available dispute resolution processes. Chapters on negotiation, mediation, arbitration, litigation, and consensus building serve as perfect introductions to the field and as useful syntheses for experienced practitioners.

Finally, the book explores the topics that are likely to be at the center of dispute resolution in the coming decades. Disputes now commonly arise or are resolved online, in transboundary settings, or in other nontraditional contexts. The Handbook concludes with a glimpse of the future: What will dispute resolution look like over the next thirty years?

Published as part of a special series with the Program on Negotiation at Harvard Law School, The Handbook of Dispute Resolution offers the most complete and authoritative synthesis of the field available.

Customer Reviews

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Most Helpful Customer Reviews

8 of 8 people found the following review helpful By Fred Richardson on September 7, 2005
Format: Hardcover
While working my way through this collection over the past three weeks I've come to the conclusion that it's a must have for anyone in the field of conflict management, whether you're an attorney, mediator, ombudsman, judge, arbitrator, HR professional, or a frequent negotiator in any line of work. It would also be an excellent reference resource for academics in the fields of law, business, public affairs, planning, foreign affairs or peace studies.

I use the techniques of mediation and negotiation frequently in my work as a management consultant and I'm very impressed by this work. Granted, the $75 price tag is a bit steep, but after just three weeks it's become one of my favorite and most frequently used conflict reference works, along with "Getting to Yes" and "Mind and Heart of the Negotiator."

What sets this volume apart is its comprehensive coverage of dispute resolution, from the history to the various forms and practices that have developed over the past thirty years, including negotiation, mediation, arbitration, and ADR. One of the things I really like is that the editors have collected a broad range of original essays on so many topics, including a number of emerging fields such as on-line dispute resolution, victim-offender mediation, and a chapter on dispute resolution in schools (which happened to be a great find for me as a friend and I are currently exploring the creation of a school mediation program for public schools in Austin).

A few of the other chapters that I really enjoyed were Carrie Menkel-Meadow's history of dispute resolution, Dan Shapiro's essay on emotions and negotiation, and Hannah Riley Bowles' chapter on dispute resolution and leadership.
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6 of 6 people found the following review helpful By Natalie Kuhler on December 4, 2005
Format: Hardcover
This book is a wonderful, comprehensive collection of essays covering a wide variety of topics integral to an understanding of the "art" of negotiation. As a litigator, I find myself spending a large amount of time in negotiations. I picked up this volume because it came highly recommended by a friend of mine who has been involved in the field of negotiations for several years now, and I can only echo my friend's recommendation. The book is organized into topical chapters, all of which can be read independently from one another and are written in a manner that makes the information, research and theories easily accessible even for relative newcomers to the field of negotiations. Most importantly, this book is geared towards giving readers not only the tools to become better negotiators, but also to explain why and how these tools are successful - information that I believe is critical to one's ability to effectively implement negotiating techniques based on the specific situations and people one encounters. Of particular interest to me were those chapters that deal with the more psychological aspects of negotiations, such as importance of gender, emotions, identity and culture; topics that are key to an understanding of interpersonal relationships and all too often are either ignored or only superficially touched upon. I highly recommend this book to everybody interested in educating themselves about the topic of negotiations - and becoming a better negotiator along the way.
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4 of 4 people found the following review helpful By Tristan Jones on October 18, 2005
Format: Hardcover
At last the best thinkers, researchers and writers on dispute resolution have been brought together in one volume to summarise the most important research findings of the past 30 years, share their practical advice, and discuss where the field might go next.

The book ranges across accessible introductions to the most influential dispute resolution work (for example, in Bruce Patton's chapter which neatly summarises the ideas in Getting to Yes) to chapters which push the edges of contemporary research (for example, in Sheila Heen and John Richardson's candid exploration of the limits of what is known about personality and disputes). It also covers negotiation, mediation, arbitration and litigation, and asks how to decide which resolution process best fits any given dispute.

As a teacher of negotiation skills, I found this Handbook a much-needed source of reference and advice. It will be useful both to practitioners and as a core text on any dispute resolution course. And although the price tag might look a bit hefty ... just think of it as $2 per contributor!

Tristan, London.
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6 of 7 people found the following review helpful By JF Erhard on September 22, 2005
Format: Hardcover
I negotiate commercial transactions and related disputes for a living. I've been told (and I know) that my style can be abrasive and that the victories I get are at times only short-term in nature. Having heard this enough, I decided to try to educate myself on the topic. So I picked up this book because it looked the most authoritative and considered - I don't really go for those hokey "secrets to success" books; I think its important to understand a subject and draw your own conclusions, not be told what to do. Well, its fair to say this book had everything - interesting and relevant history on the topic, practical prescriptive advice, topical discussions about the roles of emotion, identity, agents, and analytics in negotiation and dispute resolution. I thought the introduction by the editors was a great guide, and I got a lot out of the chapters by Shapiro, Bazerman, Moffitt, Stone/Heen, and Peppet. I'm not sure if I've yet converted its teachings to "success," but I'm certainly better for it, and better informed. This is a great reference for anyone who encounters disputes for living, and that's pretty much everyone.
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